Minnesota Session Laws - 2014, Regular Session

CHAPTER 234--S.F.No. 2423

An act

relating to public safety; addressing the needs of incarcerated women related to pregnancy and childbirth; authorizing an advisory committee;

proposing coding for new law in Minnesota Statutes, chapter 241.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [241.87] DEFINITIONS. new text end

new text begin As used in sections 241.88 and 241.89, the following terms have the meanings given: new text end

new text begin (1) "certified doula" has the meaning given in section 148.995, subdivision 2; new text end

new text begin (2) "correctional facility" has the meaning given in section 241.021, subdivision 1; new text end

new text begin (3) "doula services" has the meaning given in section 148.995, subdivision 4; new text end

new text begin (4) "postpartum" means the period of time following the birth of an infant to six months after the birth; and new text end

new text begin (5) "restrain" means the use of a mechanical or other device to constrain the movement of a person's body or limbs. new text end

Sec. 2.

new text begin [241.88] RESTRAINING AN INCARCERATED PREGNANT WOMAN. new text end

new text begin Subdivision 1. new text end

new text begin Restraint. new text end

new text begin (a) A representative of a correctional facility may not restrain a woman known to be pregnant unless the representative makes an individualized determination that restraints are reasonably necessary for the legitimate safety and security needs of the woman, correctional staff, or public. If restraints are determined to be necessary, the restraints must be the least restrictive available and the most reasonable under the circumstances. new text end

new text begin (b) A representative of a correctional facility may not restrain a woman known to be pregnant while the woman is being transported if the restraint is through the use of waist chains or other devices that cross or otherwise touch the woman's abdomen or handcuffs or other devices that cross or otherwise touch the woman's wrists when affixed behind the woman's back. new text end

new text begin (c) A representative of a correctional facility may restrain a woman who is in labor or who has given birth within the preceding three days only if: new text end

new text begin (1) there is a substantial flight risk or some other extraordinary medical or security circumstance that dictates restraints be used to ensure the safety and security of the woman, the staff of the correctional or medical facility, other inmates, or the public; new text end

new text begin (2) the representative has made an individualized determination that restraints are necessary to prevent escape or injury; new text end

new text begin (3) there is no objection from the treating medical care provider; and new text end

new text begin (4) the restraints used are the least restrictive type and are used in the least restrictive manner. new text end

new text begin (d) Section 645.241 does not apply to this section. new text end

new text begin Subd. 2. new text end

new text begin Required training. new text end

new text begin The head of each correctional facility shall ensure that staff members of the facility who come in contact with pregnant women incarcerated in the facility are provided training on the provisions of this section. new text end

Sec. 3.

new text begin [241.89] REQUIREMENTS FOR AN INCARCERATED WOMAN. new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies only to a woman: new text end

new text begin (1) incarcerated following conviction; and new text end

new text begin (2) incarcerated before conviction beyond the period specified for the woman's initial appearance before the court in Rules of Criminal Procedure, rules 3.02, 4.01, and 4.02. new text end

new text begin Subd. 2. new text end

new text begin Requirements. new text end

new text begin The head of each correctional facility shall ensure that every woman incarcerated at the facility: new text end

new text begin (1) is tested for pregnancy, if under 50 years of age unless the inmate refuses the test; new text end

new text begin (2) if pregnant and agrees to testing, is tested for sexually transmitted diseases, including HIV; new text end

new text begin (3) if pregnant or has given birth in the past six weeks, is provided appropriate educational materials and resources related to pregnancy, child birth, breast feeding, and parenting; new text end

new text begin (4) if pregnant or has given birth in the past six weeks, has access to doula services if these services are provided by a certified doula without charge to the correctional facility or the incarcerated woman pays for the certified doula services; new text end

new text begin (5) if pregnant or has given birth in the past six months, has access to a mental health assessment and, if necessary, treatment; new text end

new text begin (6) if pregnant or has given birth in the past six months and determined to be suffering from a mental illness, has access to evidence-based mental health treatment including psychotropic medication; new text end

new text begin (7) if pregnant or has given birth in the past six months and determined to be suffering from postpartum depression, has access to evidence-based therapeutic care for the depression; and new text end

new text begin (8) if pregnant, is advised, orally or in writing, of applicable laws and policies governing incarcerated pregnant women. new text end

Sec. 4.

new text begin ADVISORY COMMITTEE. new text end

new text begin (a) An advisory committee of stakeholders may be convened by a representative from the University of Minnesota Department of Pediatrics. The committee shall consider standards of evidence-based care, treatment, and education for incarcerated women and girls who are pregnant or have recently given birth. new text end

new text begin (b) The advisory committee may consist of representatives from corrections, human services, and health; Isis Rising, Prison Doula Program; the Minnesota Better Birth Coalition; Children's Defense Fund, Minnesota; and the Minnesota Sheriffs' Association. new text end

new text begin (c) By January 15, 2015, the advisory committee shall report the committee's findings to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over criminal justice policy. new text end

Sec. 5.

new text begin EFFECTIVE DATE; APPLICABILITY. new text end

new text begin Section 4 is effective the day following final enactment. Sections 1 to 3 are effective July 1, 2014, and apply to state correctional facilities on and after that date, and apply to other correctional facilities on and after July 1, 2015. new text end

Presented to the governor May 9, 2014

Signed by the governor May 13, 2014, 12:08 p.m.